White collar criminal charges, such as fraud and embezzlement, carry serious consequences that can devastate your professional reputation, financial stability, and personal freedom. Unlike violent crimes, white collar offenses often involve complex financial transactions, lengthy investigations, and mountains of documentation that require sophisticated legal defense strategies.
If you’re facing fraud or embezzlement charges in Wisconsin, the experienced white collar defense attorneys at Hogan Eickhoff understand the challenges of these cases and are prepared to fight to protect your rights and future.
Understanding White Collar Crimes in Wisconsin
White collar crimes are non-violent offenses typically (though not always) committed in business or professional settings for financial gain. These crimes often involve deception, breach of trust, or concealment of information. The term covers a broad range of illegal activities, but fraud and embezzlement are among the most commonly prosecuted white collar offenses in Wisconsin. These offenses both fall under theft statutes, but have specific elements.
Fraud involves intentional deception or misrepresentation made for personal gain or to damage another person or entity. Common types include:
- Wire fraud
- Mail fraud
- Bank fraud
- Securities fraud
- Insurance fraud
- Tax fraud
- Credit card fraud
- Identity theft
Embezzlement occurs when someone in a position of trust unlawfully takes money or property entrusted to their care. This often involves employees, corporate officers, financial advisors, or anyone with authorized access to another person’s or organization’s funds who then misappropriates those assets for personal use.
Both charges can result in harsh penalties, making the right defense representation critical.
The Serious Consequences of White Collar Convictions
Many people mistakenly believe that white collar crimes are “victimless” or less serious than violent offenses. However, Wisconsin courts and prosecutors take these charges extremely seriously, and convictions result in severe penalties, possibly including:
- Prison Time: Depending on the amount involved and the specifics of the case, fraud and embezzlement convictions can result in substantial prison sentences.
- Significant Fines: Courts may impose fines reaching hundreds of thousands or even millions of dollars, particularly in cases involving large sums of money or multiple victims.
- Restitution: Defendants are typically ordered to repay victims for their losses, which can amount to substantial sums that create long-term financial hardship.
- Professional Consequences: A white collar conviction often results in loss of professional licenses, inability to work in certain industries, and permanent damage to your professional reputation. Careers in finance, accounting, law, medicine, and other licensed professions may be permanently derailed.
- Civil Liability: Beyond criminal penalties, you may face civil lawsuits from victims seeking damages, resulting in additional financial consequences.
- Collateral Consequences: A conviction creates a permanent criminal record that affects employment opportunities, housing applications, educational prospects, and personal relationships
The Investigation Process & Protecting Your Rights
White collar investigations often begin long before formal charges are filed. Law enforcement agencies may investigate for months or years before making arrests. Warning signs of an investigation include:
- Subpoenas for documents or testimony
- Visits from federal agents
- Seizure of computers or financial records
- Interviews with business associates or employees
- Account freezes or asset seizures
If you suspect you’re under investigation, always contact an experienced white collar defense attorney immediately. Early intervention allows us to:
- Advise you on communications with investigators
- Prevent you from making damaging statements
- Negotiate with prosecutors before charges are filed
- Conduct our own investigation to gather exculpatory evidence
- Potentially prevent charges from being filed altogether
Never speak with investigators without an attorney present. Even innocent statements can be misinterpreted or used against you. Exercise your right to remain silent and your right to counsel.
Common Defenses Against Fraud & Embezzlement Charges
White collar cases are rarely straightforward. They often involve complex financial records, multiple parties, and nuanced legal issues. At Hogan Eickhoff, our attorneys employ comprehensive defense strategies tailored to the specific circumstances of each case:
Lack of Intent
Both fraud and embezzlement require proof of criminal intent. We may demonstrate that any financial irregularities resulted from honest mistakes, accounting errors, miscommunication, or misunderstandings rather than intentional criminal conduct. Without proof of intent to deceive or steal, the prosecution cannot secure a conviction.
Good Faith Belief
In some cases, defendants may have genuinely believed they had authorization to use funds or that their actions were legal. Demonstrating a good-faith belief that the conduct was permissible can be an effective defense.
Insufficient Evidence
The prosecution bears the burden of proving guilt beyond a reasonable doubt. We scrutinize every piece of evidence, challenging the adequacy and reliability of the government’s case. Complex financial records are often subject to multiple interpretations, and we work with forensic accountants to present alternative explanations.
Violation of Constitutional Rights
If law enforcement violated your Fourth Amendment rights through illegal searches and seizures, or your Fifth Amendment rights during interrogation, we can move to suppress improperly obtained evidence, which may result in case dismissal.
Entrapment
If government agents induced you to commit a crime you wouldn’t have otherwise committed, entrapment may provide a valid defense.
Mistaken Identity or False Accusations
In some cases, the wrong person is accused. We investigate thoroughly to demonstrate that someone else committed the alleged offense or that the accusations are false and motivated by personal vendettas, business disputes, or misunderstandings.
Lack of Ownership or Authority
In embezzlement cases, we may demonstrate that the defendant had legitimate ownership or authorization to access and use the funds in question.
Duress or Coercion
If you were forced or threatened into participating in fraudulent activity, this may constitute a valid defense.
White collar cases involve voluminous documentation, complex financial analysis, and extensive preparation. The sooner you retain experienced legal counsel, the more time we have to build a compelling defense. Early involvement allows us to preserve evidence, identify weaknesses in the prosecution’s case, and develop effective strategies before the government solidifies its position.
Never Wait to Contact Our Wisconsin Criminal Defense Lawyers
Fraud and embezzlement charges threaten everything you’ve worked to build. Your career, reputation, freedom, and financial security are at stake. The government has virtually unlimited resources to prosecute these cases, and you need equally skilled and dedicated legal representation on your side. At Hogan Eickhoff, we provide trusted and aggressive white collar criminal defense in Wisconsin. Contact our criminal defense team today at (920) 450-9800 to schedule a confidential consultation. Learn more about the ways we can help defend various misdemeanors and felonies including violent crimes, sex offenses, domestic violence, drug offenses, and property crimes.